House Holds Wikileaks Hearing Today

Live streaming video online now.

Hearing Information

Hearing on: Hearing on the Espionage Act and the Legal and Constitutional Issues Raised by WikiLeaks
Thursday 12/16/2010 - 9:30 a.m. 12:00 p.m.10:00 a.m.

2141 Rayburn House Office Building

Full Committee

By Direction of the Chairman

Hearing Documentation

Related News
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Witness List

Abbe D. Lowell
Partner
McDermott Will & Emery LLP
Washington, DC

Kenneth L. Wainstein
Partner
O'Melveny & Myers LLP
Washington, DC

Geoffrey R. Stone
Edward H. Levi Distinguished Service Professor and Former Dean
University of Chicago Law School
Chicago, IL

Gabriel Schoenfeld, Ph.D.
Senior Fellow
Hudson Institute
New York, NY

Thomas S. Blanton
Director
National Security Archive at George Washington University
Washington, DC

Stephen I. Vladeck
Professor of Law
American University Washington College of Law
Washington, DC

Ralph Nader
Legal Advocate and Author
Washington, DC

CSPAN streaming video on CSPAN 3.

Ann Coulter on Wikileaks

From AnnCoulter.com:

If Assange had unauthorized possession of any national defense document that he had reason to believe could be used to injure the United States, and he willfully communicated that to any person not entitled to receive it, Assange committed a felony, and it wouldn't matter if he were Lois Lane, my favorite reporter.

As I have noted previously, the only part of the criminal law that doesn't apply to reporters is the death penalty, at least since 2002, when the Supreme Court decided in Atkins v. Virginia that it's "cruel and unusual punishment" to execute the retarded.

WikiLeaks and 9/11: What if? - Los Angeles Times

Wikileaks - WikiLeaks and 9/11: What if? - Los Angeles Times (ht Michael Moore, Huffington Post)

German Foundation Defends Assange

It's called the Wau Holland Foundation. Its website is here...

Re: Inquiries on Wikileaks

We kindly ask you to understand that we cannot and will not answer questions regarding Wikileaks or people connected with Wikileaks. Please contact Wikileaks directly — find the contact address on the Wikileaks pages (e.g.. http://www.wikileaks.nl).
As a tax deductible foundation in Germany we handle and transfer donations to Wikileaks according to our by-law and German law. You are however welcome to contact us should you have questions on the Wau Holland Foundation itself.

Posh London Clubman Defends Julian Assange

He's Vaughan Smith, founder of London's Frontline Club, and he's posted his manifesto on the club website:

Statement by Vaughan Smith re: Julian Assange

Dear friends of Frontline, many of you will have seen Julian Assange and the Wikileaks people at Frontline. I wanted to copy you the press release that I sent out today. Very best, Vaughan

“I attended court today to offer my support for Julian Assange of Wikileaks on a point of principle.

“In the face of a concerted attempt to shut him down and after a decade since 9/11 that has been characterised by manipulation of the media by the authorities, the information released by Wikileaks is a refreshing glimpse into an increasingly opaque world.”

The Frontline Club was founded seven years ago to stand for independence and transparency.

Recent informal canvassing of many of our more than 1,500 members at the Frontline Club suggests almost all are supportive of our position.

I am suspicious of the personal charges that have been made against Mr Assange and hope that this will be properly resolved by the courts. Certainly no credible charges have been brought regarding the leaking of the information itself.

I can confirm that Mr Assange has spent much of the last several months working from our facilities at the Frontline Club. Earlier today I offered him an address for bail.

7pm. Tuesday 7 December. ---

Vaughan Smith
07770520345
vaughan.smith@frontlineclub.com

More on the club's charitable trust and its mission, from the website:

About the Trust

Since registering with the Charity Commission in 2006, the Trust has vigorously worked to promote freedom of expression and excellence in journalism both in the UK and overseas.

In London, the Trust runs a busy programme of events programme including talks and screening that cover a wide variety of topics and issues. The Trust organises over 200 events a year.

Overseeing the work of the FCCT is the Board of Trustees, consisting of distinguished media professionals and members of the NGO sector. Currently the board includes John Owen and Keith Coleman.

The Trust is funded by the business operations of the Frontline Club, including the restaurant and the membership. This income helps cover most of the costs from our events programme but external funding is also used to support individual strands and seasons. Supporters include the Open Society Foundation, BBC World Service Trust, Potter Foundation, Chivas Regals, Canon etc.

Smith's Wikipedia entry here.

Asia Times Online : Turkemenistan-Afghanistan-Pakistan Oil-gas Pipeline a "New Silk Road"

Asia Times Online explains the geopolitical significance of the new Turkmenistan-Afghanistan-Pakistan Oil-gas pipeline:

Any project that makes Pakistan a stakeholder in regional security and stability would interest India. To quote Deora, TAPI is the "new Silk Route between Central Asia and South Asia" and Indian Prime Minister Manmohan Singh has described it as a "peace pipeline" in the region.

Again, TAPI signifies a step forward for the Indian quest for access to Afghanistan and Central Asia via Pakistan. India will factor in that TAPI forms part of the US regional policy focusing on the stabilization of Afghanistan, and the realization of the project may incrementally persuade Pakistan to do course correction on its support to militant groups. The project certainly offers India useful avenues of bilateral interaction with Pakistan, which can lead to bigger dialogue processes.

Indeed, the doomsday predictions are that the security situation in Afghanistan does not give any scope for the realization of the pipeline. But this is also a chicken-and-egg situation. TAPI can as well be viewed as the missing link that fosters an India-Pakistan consensus over settlement in Afghanistan. But then, in order to grasp the complicated thought, we must also take note of other subtle shades in the big picture.

India-Pakistan back channels on Kashmir are being quietly revived under US watch, and with Pakistan holding off from stirring up the uprising in the Indian state of Jammu and Kashmir, calm has been restored. The Indian interior minister has been emboldened to speak about a "Kashmir solution" in the coming few months. There is talk in the air about the next round of talks between the Indian and Pakistani foreign ministers.

In sum, Berdymukhamedov is leading TAPI into the limelight against the backdrop of new stirrings. Who says he isn't a "very bright guy"? The calendar for the pipeline's completion coincides exactly with the 2014 timeline for the end of the US combat mission in Afghanistan.

IMHO, I hope it works out better than the Mosul-Haifa pipeline from Iraq to Israel's port on the Mediterranean did...

More Better Late Than Never...

Columbia j-school staff: WikiLeaks prosecution ‘will set a dangerous precedent’ | Poynter.

Charles Crawford on Richard Holbrooke

The former British ambassador remembers his American counterpart in the Balkans on his blogoir, CharlesCrawford.biz:

Dick Holbrooke's sudden death is a blow to American diplomacy. His cleverness, his relentlessness, his raw humour, his skilled psychological pressure-plays and sheer bravura all combined with a sense of boldly wielding power to make him a uniquely formidable force.

I have written about my own meetings with on various occasions. See eg here, one of my earliest postings, describing how the Americans flick'd EU diplomacy off the table like an undernourished crumb.

And this one, describing his finely calculated patronising sexism aimed at a top British woman diplomat, and how his own US colleagues were twitching with nerves lest he chewed them out.

Then there was his outlandish attempt to blame anyone other than the Guilty Man for the NATO failure to arrest Radovan Karadzic straight after Dayton back in 1996.

Dick Holbrooke therefore was in a diplomatic category all of his own, leaving a trail of vivid Holbrooke stories in his wake as he pushed tirelessly to get results. But he did get results, where many others had failed.

How do those results stand the test of time?

One example.

In 1995 Pauline Neville-Jones and I sat in the US Ambassador's Residence after dinner in Moscow after the final Contact Group meeting before Dayton, talking about how best to build Bosnia after the war and in particular how to foster some sort of shared national identity.

Pauline produced an English pound coin, to show that money could be used for different symbolic purposes, having a national motif on one side and different regional/ethnic symbols on the other.

Holbrooke rudely brushed that idea aside as a typical example of convoluted, too clever European pointy-headed thinking: "They're going to have normal money like the US dollar, and that's it!"

He was wrong. Failure to think creatively before, at and after Dayton about issues like this led to new stalemates and frustrations, with the result today that Bosnia is one of the worst-governed countries on the planet and a dismal return on huge amounts of foreign support.

On the other hand, it's not at war. It has a chance. Bosnia in a decade has achieved far more than eg Cyprus or Israel/Palestine in terms of property returns and re-establishment of some sort of normal life.

Holbrooke's style in the Balkans was all about pushing hard, not to get a perfect outcome but at least to shift things along in a broadly better direction when all else seemed stuck.

That's one of the hardest tasks in diplomacy as in life - to be good at judging when to keep pushing and when to cut a deal. Not letting the Best be the enemy of the Good, or even of the Somewhat Better.

Hence also this recollection of a senior meeting in London about Bosnia in Spring 1996 when the Americans were simply better and firmer and bolder - in short, more convincing than the Brits and assorted Europeans.

Did Holbrooke then 'cut a deal' with Karadzic to get him to withdraw from public life? I suspect something of the sort. But we'll never know what if anything Holbrooke promised, or offered. Maybe he simply left Karadzic with some strong impressions of positive and negative incentives, which in the circumstances were good enough to drive him slowly but surely far away from the Bosnian daily scene.

Richard Holbrooke's legacy is therefore mixed. He was in the true sense of the word an extraordinary man, who accomplished extraordinary things in diplomacy by whatever means it took to do them.

He'll be missed. And, more importantly, not easily replaced.

Tashkent Gets WikiLeaked...

Finally, a few cables from the US Embassy in Uzbekisatan
have been released, here Tashkent Gets WikiLeaked: Gulnara is "Most Hated Person in the Country" | EurasiaNet.org.

To me, there is nothing in them that looks secret...I don't know why the Guardian xxxxx-ed out the name of the alleged head of the Uzbek mafia--unless he's a British agent. Just type "head of Uzbek mafia" into google and the name will appear.

IMHO, Jon Purnell shows little insight as ambassador, recycling the conventional US wisdom from questionable sources in addition to office gossip. I'm pretty sure George W. Bush was more "hated" in Uzbekistan than Gulnara, perhaps that's why the US ambassador didn't cite polling data in his leaked cable.

Pathetic.

Better Late Than Never...

The Washington Post's editorial on Wikileaks:

Don't charge Wikileaks

WIKILEAKS FOUNDER Julian Assange has irresponsibly released thousands of sensitive national security documents, including some that Pentagon officials say could put in harm's way Afghans who have cooperated with U.S. efforts. But that does not mean he has committed a crime.

Mr. Assange, an Australian, is in a British jail awaiting possible extradition to Sweden on sexual assault allegations. Many Americans would like to see him spend a good, long time behind bars - for different reasons. Sen. Dianne Feinstein (D-Calif.), chairman of the Senate Intelligence Committee, argues that Mr. Assange's actions violate the Espionage Act, a World War I-era law crafted to punish individuals who spy on the country during wartime. The Justice Department is reportedly assessing that possibility as well as other prosecutorial vehicles.

Sen. Joseph I. Lieberman (I-Conn.) goes further and has urged the administration to consider charges against media outlets that produced news articles based on the leaked documents. These organizations, Mr. Lieberman said in an interview with Fox News last week , have "committed at least an act of bad citizenship, but whether they have committed a crime - I think that bears a very intense inquiry by the Justice Department."

Such prosecutions are a bad idea. The government has no business indicting someone who is not a spy and who is not legally bound to keep its secrets. Doing so would criminalize the exchange of information and put at risk responsible media organizations that vet and verify material and take seriously the protection of sources and methods when lives or national security are endangered. The Espionage Act is easily abused, as shown by a criminal case that dragged on for years, before being closed last year, of two lobbyists for the American Israel Public Affairs Committee who did nothing more than pass along to colleagues and a reporter information they gleaned from conversations with U.S. officials. The act should be scrapped or tightened, not given new and dangerous life.

So is the administration helpless? No; it has every right to demand strict confidentiality from its employees and others who swear to protect its secrets. It has rightly filed charges against an Army intelligence specialist who it believes was the source of the leaked documents. And the government should repair its own house, by investigating its carelessness in allowing these documents to leak and taking steps to prevent a recurrence.

Glenn Greenwald on America's Fascist "Journalists"

At Time Magazine, and elsewhere, covering Wikileaks--in Salon.com:

Despite all that, it is impossible to conceive of any establishment media outlet in the U.S. uttering a peep of support for what those protesters did. The immediate consensus in the American political and media class was that these activists were engaged in pure, unmitigated destruction -- even evil -- and should be severely punished. That's because the greatest sin in our political culture is doing anything other than meekly submitting even to assertions of lawless and thuggish government and corporate power. If the Government and the largest corporations collaborate to lawlessly destroy WikiLeaks for the crime of engaging in threatening journalism, then you simply write polite letters to Congress or complain on your blog; what you don't do under any circumstances is resist or fight back using even symbolic gestures of disobedience. That's the authoritarian mentality pervading -- defining -- not only the establishment media but (as a result) much of the citizenry.

Just contrast the angry denunciations over these activists' simplistic, relatively innocuous denial of service attacks, with the apathy toward (or even support for) the far more sophisticated and damaging "cyber attacks" launched at WikiLeaks, which resulted in their permanent removal from any recognizable URL (and now can only be found through some impossible-to-remember numerical address). Whoever was responsible for those attacks aimed at WikiLeaks -- even if it were a government agency -- is acting every bit as lawlessly as the adolescent (though well-intentioned) activists responsible for shutting down MasterCard's website for a few hours. But it is only the latter transgressions that trigger any real anger.

Identically, note how few object to the fact that the DOJ is investigating the pro-WikiLeaks attacks, but not -- of course -- the ones directed at WikiLeaks. That's because we collectively believe -- with the establishment media leading the way -- that the most powerful authorities have the unfettered right to do whatever they want to anyone who is sufficiently demonized as Bad, while the worst sin is to do anything outside of approved (i.e., impotent) means to protest establishment power and authority, no matter how destructive and criminal the ends are to which that power and authority is being applied.

This is the same mentality that expresses such self-righteous outrage over the mere prospect that disclosures of the truth by WikiLeaks might hypothetically one day lead to the death of a single innocent person, while barely uttering any real anger over the massive numbers of innocents actually being killed right now by the U.S. Government. And it's the same mentality that purports to acknowledge the massive secrecy abuses, deceit and pervasive crimes of the U.S. Government, while demanding that one of the very few people who apparently risked something to do anything meaningful to stop all of that -- Bradley Manning -- be severely punished, or that Julian Assange be punished. This is authoritarianism in its classic form -- an instinctively servile loyalty to power even when it is acting corruptly, lawlessly and destructively -- and it finds its purest and most vigorous expression in those who most loudly claim devotion to checking it: our intrepid adversarial journalists.

UPDATE: For a slightly different but related service the establishment media dutifully provides to the Government, see this excellent Marcy Wheeler post from today, entitled: "Hatfill and Wen Ho Lee and Plame and al-Awlaki and Assange."

UPDATE II: CNN today spewed pure, absurd fear-mongering against WikiLeaks; Assange really is their new Saddam Hussein and WikiLeaks their new WMD. And just to underscore the contrast between how media outlets around the world behave, the French newspaper Liberation -- a mainstream center-left publication -- announced today that it was creating a "mirror-WikiLeaks" site and hosting it on their paper's website (its mirror site is here). It is even possible to conceive of a mainstream American newspaper doing that?

FBI Delays NAS Anthrax Report

Justice delayed is justice denied, indeed. Here's an excerpt from Scott Shane's NY Times story:

WASHINGTON — The Federal Bureau of Investigation has requested a last-minute delay in the release of a report on the bureau’s anthrax investigation by the National Academy of Sciences, prompting a congressman to say that the bureau “may be seeking to try to steer or otherwise pressure” the academy’s scientific panel “to reach a conclusion desired by the bureau.”

Representative Rush D. Holt, a Democrat of New Jersey and a physicist who has often been critical of the investigation, made the remarks in a letter Thursday to the F.B.I.’s director, Robert S. Mueller III, saying that he found the bureau’s request for a delay “disturbing.” The F.B.I. has told the committee that it wants to turn over an additional 500 pages of investigative documents not provided previously despite the committee’s request for all relevant material when it began the review in April 2009.

“If these new documents were relevant to the N.A.S.’s review why were they previously undisclosed and withheld?” Mr. Holt wrote. The anthrax-laced letters that killed five people in 2001 were sent from a mailbox in Princeton in his district.

Michael Kortan, an F.B.I. spokesman, declined to respond to Mr. Holt’s remarks. But he said, using the bureau’s name for the investigation, that the F.B.I. “continues to work with the National Academy of Sciences to support their ongoing review of the scientific approaches employed in the Amerithrax investigation.”

The seven-year inquiry, by some measures the largest and most complex in F.B.I. history, concluded that Bruce E. Ivins, a microbiologist at the Army’s bio-defense research center in Maryland, prepared the deadly powder and mailed it to two senators and several media organizations. The F.B.I. has made public its circumstantial case against Dr. Ivins, including genetic fingerprinting linking the mailed anthrax to a supply in his laboratory and his late hours in the lab in the days before the two mailings.

Dr. Ivins killed himself in 2008 and was never criminally charged. Some of his colleagues at the Army Medical Research Institute of Infectious Diseases say they do not believe he was guilty. The F.B.I. had already paid another former Army scientist, Steven J. Hatfill, a settlement worth $4.6 million to drop a lawsuit saying the bureau had falsely accused him of being the anthrax mailer.

E. William Colglazier, the academy’s executive officer, said the F.B.I.’s request was a surprise and came after the bureau saw the panel’s peer-reviewed final report, which was scheduled for release in November. He said that the committee’s 15 members, top scientists who serve as volunteers, were “exhausted,” but that the panel had agreed to extend the study and consider revising the report in return for an additional fee, probably about $50,000, beyond the $879,550 the F.B.I. has already paid for the study.

I Support Senator Sanders' Filibuster of the So-Called Tax "Deal"

And I've just become a "follower" on Twitter, here: http://twitter.com/#!/senatorsanders.

Let the new Congress deal with this in January--they were elected, while the lame-duck Congress has been defeated. This Congress should go home tomorrow, and enjoy the Christmas holidays with their families.

IMHO, There is no emergency in tax law, it can always be changed.

Live streaming video on C-SPAN 2, click here.

Cong. Ron Paul Defends Wikileaks on House Floor

From Cong. Ron Paul's website:

Lying is Not Patriotic

WikiLeaks’ release of classified information has generated a lot of attention world-wide in the past few weeks.

The hysterical reaction makes one wonder if this is not an example of killing the messenger for the bad news.

Despite what is claimed, information so far released, though classified, has caused no known harm to any individual, but it has caused plenty of embarrassment to our government. Losing a grip on our empire is not welcomed by the neo-conservatives in charge.

There is now more information confirming that Saudi Arabia is a principle supporter and financier of Al Qaeda and this should set off alarm bells since we guarantee its Sharia-run government.

This emphasizes even more the fact that no Al Qaeda existed in Iraq before 9/11, and yet we went to war against Iraq based on the lie that it did.

It has been charged, by self-proclaimed experts, that Julian Assange, the internet publisher of this information, has committed a heinous crime deserving prosecution for treason and execution or even assassination.

But should we not at least ask how the U.S. government can charge an Australian citizen with treason for publishing U.S. secret information, that he did not steal?

And if Wikileaks is to be prosecuted for publishing classified documents, why shouldn’t the Washington Post, New York Times, and others that have also published these documents be prosecuted? Actually, some in Congress are threatening this as well.

The New York Times, as a result of a Supreme Court ruling, was not found guilty in 1971 for the publication of the Pentagon Papers. Daniel Ellsberg never served a day in prison for his role in obtaining these secret documents.

The Pentagon Papers were also inserted into the Congressional Record by Senator Mike Gravel with no charges being made of breaking any National Security laws.

Yet the release of this classified information was considered illegal by many, and those who lied us into the Vietnam War and argued for its prolongation were outraged. But the truth gained from the Pentagon Papers revealed that lies were told about the Gulf of Tonkin attack which perpetuated a sad and tragic episode in our history.

Just as with the Vietnam War, the Iraq War was based on lies. We were never threatened by Weapons of Mass Destruction or Al Qaeda in Iraq, though the attack on Iraq was based on this false information.

Any information that challenges the official propaganda for the war in the Middle East is unwelcome by the administration and supporters of these unnecessary wars. Few are interested in understanding the relationship of our foreign policy and our presence in the Middle East to the threat of terrorism. Revealing the real nature and goal for our presence in so many Muslim countries is a threat to our empire and any revelation of this truth is highly resented by those in charge.

Questions to consider:

1. Do the American people deserve to know the truth regarding the ongoing war in Iraq, Afghanistan, Pakistan and Yemen?

2. Could a larger question be: how can an Army Private gain access to so much secret material?

3. Why is the hostility mostly directed at Assange, the publisher, and not our government’s failure to protect classified information?

4. Are we getting our money’s worth from the $80 billion per year we spend on our intelligence agencies?

5. Which has resulted in the greatest number of deaths; lying us into war, or WikiLeaks’ revelations or the release of the Pentagon Papers?

6. If Assange can be convicted of a crime for publishing information, that he did not steal, what does this say about the future of the First Amendment and the independence of the internet?

7. Could it be that the real reason for the near universal attacks on WikiLeaks is more about secretly maintaining a seriously flawed foreign policy of empire than it is about national security?

8. Is there not a huge difference between releasing secret information to help the enemy in the time of a declared war—which is treason—and the releasing of information to expose our government lies that promote secret wars, death, and corruption?

9. Was it not once considered patriotic to stand up to our government when it’s wrong?

Thomas Jefferson had it right when he advised: “Let the eyes of vigilance never be closed.”

I might add that Mark Twain concurred with Cong. Paul's sentiments when he said:

"Loyalty to the country always. Loyalty to the government when it deserves it."

Wayward Starfish Batik Online Store

A plug and a link to the catalog for my cousin Tyler Jarvik's online store: Wayward Starfish.

Tyler makes batik silk scarves, children's clothes, and tee-shirts by hand from his own designs. They could make nice last-minute Christmas gifts...or you might buy something for yourself.

Australians Rally Behind Assange

Unlike the cowardly American media and intelligentsia, Australians (including Australian women) still seem to have balls, judging from this online Australian petition to defend Julian Assange, posted on the Australian Broadcasting Company website:

The authors write: We wrote the letter below because we believe that Julian Assange is entitled to all the protections enshrined in the rule of law – and that the Australian Government has an obligation to ensure he receives them.

The signatures here have been collected in the course of a day-and-a-half, primarily from people in publishing, law and politics. The signatories hold divergent views about WikiLeaks and its operations. But they are united in a determination to see Mr Assange treated fairly.

We know that many others would have liked to sign. But given the urgency of the situation, we though it expedient to publish now rather than collect more names.

If, however, you agree with the sentiments expressed, we encourage you to leave your name in the comments section.

Dear Prime Minister,

We note with concern the increasingly violent rhetoric directed towards Julian Assange of WikiLeaks.

“We should treat Mr Assange the same way as other high-value terrorist targets: Kill him,” writes conservative columnist Jeffrey T Kuhner in the Washington Times.

William Kristol, former chief of staff to vice president Dan Quayle, asks, “Why can’t we use our various assets to harass, snatch or neutralize Julian Assange and his collaborators, wherever they are?”

“Why isn’t Julian Assange dead?” writes the prominent US pundit Jonah Goldberg.

“The CIA should have already killed Julian Assange,” says John Hawkins on the Right Wing Newssite.

Sarah Palin, a likely presidential candidate, compares Assange to an Al Qaeda leader; Rick Santorum, former Pennsylvania senator and potential presidential contender, accuses Assange of “terrorism”.

And so on and so forth.

Such calls cannot be dismissed as bluster. Over the last decade, we have seen the normalisation of extrajudicial measures once unthinkable, from ‘extraordinary rendition’ (kidnapping) to ‘enhanced interrogation’ (torture).

In that context, we now have grave concerns for Mr Assange’s wellbeing.

Irrespective of the political controversies surrounding WikiLeaks, Mr Assange remains entitled to conduct his affairs in safety, and to receive procedural fairness in any legal proceedings against him.

As is well known, Mr Assange is an Australian citizen.

We therefore call upon you to condemn, on behalf of the Australian Government, calls for physical harm to be inflicted upon Mr Assange, and to state publicly that you will ensure Mr Assange receives the rights and protections to which he is entitled, irrespective of whether the unlawful threats against him come from individuals or states.

We urge you to confirm publicly Australia’s commitment to freedom of political communication; to refrain from cancelling Mr Assange's passport, in the absence of clear proof that such a step is warranted; to provide assistance and advocacy to Mr Assange; and do everything in your power to ensure that any legal proceedings taken against him comply fully with the principles of law and procedural fairness.

A statement by you to this effect should not be controversial – it is a simple commitment to democratic principles and the rule of law.

We believe this case represents something of a watershed, with implications that extend beyond Mr Assange and WikiLeaks. In many parts of the globe, death threats routinely silence those who would publish or disseminate controversial material. If these incitements to violence against Mr Assange, a recipient of Amnesty International’s Media Award, are allowed to stand, a disturbing new precedent will have been established in the English-speaking world.

In this crucial time, a strong statement by you and your Government can make an important difference.

We look forward to your response.

Dr Jeff Sparrow, author and editor
Lizzie O’Shea, Social Justice Lawyer, Maurice Blackburn
Professor Noam Chomsky, writer and academic
Antony Loewenstein, journalist and author
Mungo MacCallum, journalist and writer
Professor Peter Singer, author and academic
Adam Bandt, MP
Senator Bob Brown
Senator Scott Ludlam
Julian Burnside QC, barrister
Jeff Lawrence, Secretary, Australian Council of Trade Unions
Professor Raimond Gaita, author and academic
Rob Stary, lawyer
Lieutenant Colonel (ret) Lance Collins, Australian Intelligence Corps, writer
The Hon Alastair Nicholson AO RFD QC
Brian Walters SC, barrister
Professor Larissa Behrendt, academic
Emeritus Professor Stuart Rees, academic, Sydney Peace Foundation
Mary Kostakidis, Chair, Sydney Peace Foundation
Professor Wendy Bacon, journalist
Christos Tsiolkas, author
James Bradley, author and journalist
Julian Morrow, comedian and television producer
Louise Swinn, publisher
Helen Garner, novelist
Professor Dennis Altman, writer and academic
Dr Leslie Cannold, author, ethicist, commentator
John Birmingham, writer
Guy Rundle, writer
Alex Miller, writer
Sophie Cunningham, editor and author
Castan Centre for Human Rights Law
Professor Judith Brett, author and academic
Stephen Keim SC, President of Australian Lawyers for Human Rights
Phil Lynch, Executive Director, Human Rights Law Resource Centre
Sylvia Hale, MLC
Sophie Black, editor
David Ritter, lawyer and historian
Dr Scott Burchill, writer and academic
Dr Mark Davis, author and academic
Henry Rosenbloom, publisher
Ben Naparstek, editor
Chris Feik, editor
Louise Swinn, publisher
Stephen Warne, barrister
Dr John Dwyer QC
Hilary McPhee, writer, publisher
Joan Dwyer OAM
Greg Barns, barrister
James Button, journalist
Owen Richardson, critic
Michelle Griffin, editor
John Timlin, literary Agent & producer
Ann Cunningham, lawyer and publisher
Alison Croggon, author, critic
Daniel Keene, playwright
Dr Nick Shimmin, editor/writer
Bill O'Shea, lawyer, former President, Law Institute of Victoria
Dianne Otto, Professor of Law, Melbourne Law School
Professor Frank Hutchinson,Centre for Peace and Conflict Studies (CPACS), University of Sydney
Anthony Georgeff, editor
Max Gillies, actor
Shane Maloney, writer
Louis Armand, author and publisher
Jenna Price, academic and journalist
Tanja Kovac, National Cooordinator EMILY's List Australia
Dr Russell Grigg, academic
Dr Justin Clemens, writer and academic
Susan Morairty, Lawyer
David Hirsch, Barrister
Cr Anne O’Shea
Kathryn Crosby, Candidates Online
Dr Robert Sparrow, academic
Jennifer Mills, author
Foong Ling Kong, editor
Tim Norton,  Online Campaigns Co-ordinator,  Oxfam Australia
Elisabeth Wynhausen, writer
Ben Slade, Lawyer
Nikki Anderson, publisher
Dan Cass
Professor Diane Bell, author and academic
Dr Philipa Rothfield, academic
Gary Cazalet, academic
Dr David Coady, academic
Dr Matthew Sharpe, writer and academic
Dr Tamas Pataki, writer and academic
Miska Mandic
Associate Professor Jake Lynch, academic
Professor Simon During, academic
Michael Brull, writer
Dr Geoff Boucher, academic
Jacinda Woodhead, writer and editor
Dr Rjurik Davidson, writer and editor
Mic Looby, writer
Jane Gleeson-White, writer and editor
Alex Skutenko, editor
Associate Professor John Collins, academic
Professor Philip Pettit, academic
Dr Christopher Scanlon, writer and academic
Dr Lawrie Zion, journalist
Johannes Jakob, editor
Sunili Govinnage, lawyer
Michael Bates, lawyer
Bridget Maidment, editor
Bryce Ives, theatre director
Sarah Darmody, writer
Jill Sparrow, writer
Lyn Bender, psychologist
Meredith Rose, editor
Dr Ellie Rennie, President, Engage Media
Ryan Paine, editor
Simon Cooper, editor
Chris Haan, lawyer
Carmela Baranowska, journalist.
Clinton Ellicott, publisher
Dr Charles Richardson, writer and academic
Phillip Frazer, publisher
Geoff Lemon, journalist
Jaya Savige, poet and editor
Johannes Jakob, editor
Kate Bree Geyer; journalist
Chay-Ya Clancy, performer
Lisa Greenaway, editor, writer
Chris Kennett - screenwriter, journalist
Kasey Edwards, author
Dr. Janine Little, academic
Dr Andrew Milner, writer and academic
Patricia Cornelius, writer
Elisa Berg, publisher
Lily Keil, editor
Jenny Sinclair
Roselina Rose
Stephen Luntz
PM Newton
Bryan Cooke
Kristen Obaid
Ryan Haldane-Underwood
Patrick Gardner
Robert Sinnerbrink
Kathryn Millist
Anne Coombs
Karen Pickering
Sarah Mizrahi
Suzanne Ingleton
Jessica Crouch
Michael Ingleton
Matt Griffin
Jane Allen
Tom Curtis
John Connell
David Garland
Stuart Hall
Meredith Tucker-Evans
Phil Perkins
Alexandra Adsett
Tom Doig, editor
Beth Jackson
Peter Mattessi
Robert Sinnerbrink
Greg Black
Paul Ashton
Sigi Jottkandt
Kym Connell, lawyer
Silma Ihram
Nicole Papaleo, lawyer
Melissa Forbes
Matthew Ryan
Ben Gook
Daniel East
Bridget Ikin
Lisa O'Connell
Melissa Cranenburgh
John Bryson
Michael Farrell
Melissa Reeves
Dr Emma Cox
Michael Green
Margherita Tracanelli
David Carlin, writer
Bridget McDonnell
Geoff Page, writer
Rebecca Interdonato
Roxane Ludbrook-Ingleton
Stefan Caramia
Ash Plummer

John Milton Defends Julian Assange

From Milton's Areopagitica:

Give me the liberty to know, to utter, and to argue freely according to conscience, above all liberties.

Full text online at Dartmouth's Milton Reading Room (perhaps only until Senator Lieberman pressures them to take it down?)

In keeping with John Milton, I now believe that Assange had better publish on an old-fashioned printing press, to distribute in book form, all those 250,000 controversial documents--so they couldn't be deleted or blocked by future DNS attacks.

The sales revenue could help pay for his legal defense fund...and then there shouldn't be any arguments subsequent to print publication as to whether Assange is a member of the press--if he's published a book, it's been printed on a press, after all.

What's Wrong With This Picture?

The Lockerbie bomber was set free by the British, with US assent, but Julian Assange is in jail.

IMHO, the best thing Assange could do would be to dump all the 250,000 documents ASAP, there is nothing to be gained by delay--and the chances are that Wikileaks will be shut down before very long, "doomsday code" or not.

Let the public decide whether damage has been done--or not. If not, no harm--no foul. If so, then he'll have to face the music in court.

Honestly, I don't think anything in Cablegate could possibly damage US National Security more than spectacle of this public prosecution of Julian Assange and Wikileaks--because it undermines anything America might say in defense of bloggers in places like China, Iran, Myanmar or North Korea; and makes a hollow sham of America's commitment to Freedom of the Press, the US Constitution and Bill of Rights, or the public's right to know.

IMHO, The US should be giving Assange a medal, instead of prosecuting Wikileaks founder on trumped up sex charges.

At least Matt Drudge has been covering the story properly.

Hilary Clinton on Internet Freedom, BW--Before Wikileaks...

From Foreign Policy's website (ht Drudge), an excerpt from a speech by the US Secretary of State at the Newseum in Washington, DC on January 21, 2010:

SYNCING PROGRESS WITH PRINCIPLES

On their own, new technologies do not take sides in the struggle for freedom and progress. But the United States does. We stand for a single internet where all of humanity has equal access to knowledge and ideas. And we recognize that the world's information infrastructure will become what we and others make of it.

This challenge may be new, but our responsibility to help ensure the free exchange of ideas goes back to the birth of our republic. The words of the First Amendment to the Constitution are carved in 50 tons of Tennessee marble on the front of this building. And every generation of Americans has worked to protect the values etched in that stone.

Franklin Roosevelt built on these ideas when he delivered his Four Freedoms speech in 1941. At the time, Americans faced a cavalcade of crises and a crisis of confidence. But the vision of a world in which all people enjoyed freedom of expression, freedom of worship, freedom from want, and freedom from fear transcended the trouble of his day.

Years later, one of my heroes, Eleanor Roosevelt, worked to have these principles adopted as a cornerstone of the Universal Declaration of Human Rights. They have provided a lodestar to every succeeding generation - guiding us, galvanizing us, and enabling us to move forward in the face of uncertainty.

As technology hurtles forward, we must think back to that legacy. We need to synchronize our technological progress with our principles. In accepting the Nobel Prize, President Obama spoke about the need to build a world in which peace rests on the "inherent rights and dignity of every individual." And in my speech on human rights at Georgetown I talked about how we must find ways to make human rights a reality. Today, we find an urgent need to protect these freedoms on the digital frontiers of the 21st century.

There are many other networks in the world - some aid in the movement of people or resources; and some facilitate exchanges between individuals with the same work or interests. But the internet is a network that magnifies the power and potential of all others. And that's why we believe it's critical that its users are assured certain basic freedoms.

FREEDOM OF EXPRESSION

First among them is the freedom of expression. This freedom is no longer defined solely by whether citizens can go into the town square and criticize their government without fear of retribution. Blogs, email, social networks, and text messages have opened up new forums for exchanging ideas - and created new targets for censorship.

As I speak to you today, government censors are working furiously to erase my words from the records of history. But history itself has already condemned these tactics. Two months ago, I was in Germany to celebrate the 20th anniversary of the fall of the Berlin Wall. The leaders gathered at that ceremony paid tribute to the courageous men and women on the far side of that barrier who made the case against oppression by circulating small pamphlets called samizdat. These leaflets questioned the claims and intentions of dictatorships in the Eastern Bloc, and many people paid dearly for distributing them. But their words helped pierce the concrete and concertina wire of the Iron Curtain.

The Berlin Wall symbolized a world divided, and it defined an entire era. Today, remnants of that wall sit inside this museum - where they belong. And the new iconic infrastructure of our age is the internet.

Instead of division, it stands for connection. But even as networks spread to nations around the globe, virtual walls are cropping up in place of visible walls.

Some countries have erected electronic barriers that prevent their people from accessing portions of the world's networks. They have expunged words, names and phrases from search engine results. They have violated the privacy of citizens who engage in non-violent political speech. These actions contravene the Universal Declaration on Human Rights, which tells us that all people have the right "to seek, receive and impart information and ideas through any media and regardless of frontiers." With the spread of these restrictive practices, a new information curtain is descending across much of the world. Beyond this partition, viral videos and blog posts are becoming the samizdat of our day.

As in the dictatorships of the past, governments are targeting independent thinkers who use these tools. In the demonstrations that followed Iran's presidential elections, grainy cell phone footage of a young woman's bloody murder provided a digital indictment of the government's brutality. We've seen reports that when Iranians living overseas posted online criticism of their nation's leaders, their family members in Iran were singled out for retribution. And despite an intense campaign of government intimidation, brave citizen journalists in Iran continue using technology to show the world and their fellow citizens what is happening in their country. In speaking out on behalf of their own human rights the Iranian people have inspired the world.

And their courage is redefining how technology is used to spread truth and expose injustice.

All societies recognize that free expression has its limits. We do not tolerate those who incite others to violence, such as the agents of al Qaeda who are - at this moment - using the internet to promote the mass murder of innocent people. And hate speech that targets individuals on the basis of their ethnicity, gender, or sexual orientation is reprehensible. It is an unfortunate fact that these issues are both growing challenges that the international community must confront together. We must also grapple with the issue of anonymous speech. Those who use the internet to recruit terrorists or distribute stolen intellectual property cannot divorce their online actions from their real world identities. But these challenges must not become an excuse for governments to systematically violate the rights and privacy of those who use the internet for peaceful political purposes.

Julian Assange: Murdoch Inspired Wikileaks

Writing in Rupert Murdoch's flagship paper Down Under, The Australian:

WIKILEAKS deserves protection, not threats and attacks.

IN 1958 a young Rupert Murdoch, then owner and editor of Adelaide's The News, wrote: "In the race between secrecy and truth, it seems inevitable that truth will always win."

His observation perhaps reflected his father Keith Murdoch's expose that Australian troops were being needlessly sacrificed by incompetent British commanders on the shores of Gallipoli. The British tried to shut him up but Keith Murdoch would not be silenced and his efforts led to the termination of the disastrous Gallipoli campaign.

Nearly a century later, WikiLeaks is also fearlessly publishing facts that need to be made public.

I grew up in a Queensland country town where people spoke their minds bluntly. They distrusted big government as something that could be corrupted if not watched carefully. The dark days of corruption in the Queensland government before the Fitzgerald inquiry are testimony to what happens when the politicians gag the media from reporting the truth.

These things have stayed with me. WikiLeaks was created around these core values. The idea, conceived in Australia, was to use internet technologies in new ways to report the truth.

WikiLeaks coined a new type of journalism: scientific journalism. We work with other media outlets to bring people the news, but also to prove it is true. Scientific journalism allows you to read a news story, then to click online to see the original document it is based on. That way you can judge for yourself: Is the story true? Did the journalist report it accurately?

Democratic societies need a strong media and WikiLeaks is part of that media. The media helps keep government honest. WikiLeaks has revealed some hard truths about the Iraq and Afghan wars, and broken stories about corporate corruption.

People have said I am anti-war: for the record, I am not. Sometimes nations need to go to war, and there are just wars. But there is nothing more wrong than a government lying to its people about those wars, then asking these same citizens to put their lives and their taxes on the line for those lies. If a war is justified, then tell the truth and the people will decide whether to support it.

If you have read any of the Afghan or Iraq war logs, any of the US embassy cables or any of the stories about the things WikiLeaks has reported, consider how important it is for all media to be able to report these things freely.

WikiLeaks is not the only publisher of the US embassy cables. Other media outlets, including Britain's The Guardian, The New York Times, El Pais in Spain and Der Spiegel in Germany have published the same redacted cables.

Yet it is WikiLeaks, as the co-ordinator of these other groups, that has copped the most vicious attacks and accusations from the US government and its acolytes. I have been accused of treason, even though I am an Australian, not a US, citizen. There have been dozens of serious calls in the US for me to be "taken out" by US special forces. Sarah Palin says I should be "hunted down like Osama bin Laden", a Republican bill sits before the US Senate seeking to have me declared a "transnational threat" and disposed of accordingly. An adviser to the Canadian Prime Minister's office has called on national television for me to be assassinated. An American blogger has called for my 20-year-old son, here in Australia, to be kidnapped and harmed for no other reason than to get at me.

And Australians should observe with no pride the disgraceful pandering to these sentiments by Julia Gillard and her government. The powers of the Australian government appear to be fully at the disposal of the US as to whether to cancel my Australian passport, or to spy on or harass WikiLeaks supporters. The Australian Attorney-General is doing everything he can to help a US investigation clearly directed at framing Australian citizens and shipping them to the US.

Prime Minister Gillard and US Secretary of State Hillary Clinton have not had a word of criticism for the other media organisations. That is because The Guardian, The New York Times and Der Spiegel are old and large, while WikiLeaks is as yet young and small.

We are the underdogs. The Gillard government is trying to shoot the messenger because it doesn't want the truth revealed, including information about its own diplomatic and political dealings.

Has there been any response from the Australian government to the numerous public threats of violence against me and other WikiLeaks personnel? One might have thought an Australian prime minister would be defending her citizens against such things, but there have only been wholly unsubstantiated claims of illegality. The Prime Minister and especially the Attorney-General are meant to carry out their duties with dignity and above the fray. Rest assured, these two mean to save their own skins. They will not.

Every time WikiLeaks publishes the truth about abuses committed by US agencies, Australian politicians chant a provably false chorus with the State Department: "You'll risk lives! National security! You'll endanger troops!" Then they say there is nothing of importance in what WikiLeaks publishes. It can't be both. Which is it?

It is neither. WikiLeaks has a four-year publishing history. During that time we have changed whole governments, but not a single person, as far as anyone is aware, has been harmed. But the US, with Australian government connivance, has killed thousands in the past few months alone.

US Secretary of Defence Robert Gates admitted in a letter to the US congress that no sensitive intelligence sources or methods had been compromised by the Afghan war logs disclosure. The Pentagon stated there was no evidence the WikiLeaks reports had led to anyone being harmed in Afghanistan. NATO in Kabul told CNN it couldn't find a single person who needed protecting. The Australian Department of Defence said the same. No Australian troops or sources have been hurt by anything we have published.

But our publications have been far from unimportant. The US diplomatic cables reveal some startling facts:

► The US asked its diplomats to steal personal human material and information from UN officials and human rights groups, including DNA, fingerprints, iris scans, credit card numbers, internet passwords and ID photos, in violation of international treaties. Presumably Australian UN diplomats may be targeted, too.

► King Abdullah of Saudi Arabia asked the US to attack Iran.

► Officials in Jordan and Bahrain want Iran's nuclear program stopped by any means available.

► Britain's Iraq inquiry was fixed to protect "US interests".

► Sweden is a covert member of NATO and US intelligence sharing is kept from parliament.

► The US is playing hardball to get other countries to take freed detainees from Guantanamo Bay. Barack Obama agreed to meet the Slovenian President only if Slovenia took a prisoner. Our Pacific neighbour Kiribati was offered millions of dollars to accept detainees.

In its landmark ruling in the Pentagon Papers case, the US Supreme Court said "only a free and unrestrained press can effectively expose deception in government". The swirling storm around WikiLeaks today reinforces the need to defend the right of all media to reveal the truth.

Julian Assange is the editor-in-chief of WikiLeaks.

IMHO, it might have been nice if Rupert Murdoch had published this article in his Wall Street Journal, as a counterpart to Sen. Dianne Feinstein's oped this morning...